Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 168 Ì941354&Î941354 LEGISLATIVE ACTION Senate . House Comm: WD . 02/21/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Simmons) recommended the following: 1 Senate Substitute for Amendment (246112) (with title 2 amendment) 3 4 Delete everything after the enacting clause 5 and insert: 6 Section 1. Short title.—This act may be cited as the “Rule 7 of Law Adherence Act.” 8 Section 2. Chapter 908, Florida Statutes, consisting of 9 sections 908.101-908.402, is created to read: 10 908.101 Legislative findings and intent.—The Legislature 11 finds that it is an important state interest to cooperate and 12 assist the federal government in the enforcement of federal 13 immigration laws within this state. 14 908.102 Definitions.—As used in this chapter, the term: 15 (1) “Federal immigration agency” means the United States 16 Department of Justice and the United States Department of 17 Homeland Security, a division within such an agency, including 18 United States Immigration and Customs Enforcement and United 19 States Customs and Border Protection, any successor agency, and 20 any other federal agency charged with the enforcement of 21 immigration law. The term includes an official or employee of 22 such an agency. 23 (2) “Immigration detainer” means a facially sufficient 24 written or electronic request issued by a federal immigration 25 agency using that agency’s official form to request that another 26 law enforcement agency detain a person based on probable cause 27 to believe that the person to be detained is a removable alien 28 under federal immigration law, including detainers issued 29 pursuant to 8 U.S.C. ss. 1226 and 1357. For purposes of this 30 subsection, an immigration detainer is deemed facially 31 sufficient if: 32 (a) The federal immigration agency’s official form is 33 complete and indicates on its face that the federal immigration 34 official has probable cause to believe that the person to be 35 detained is a removable alien under federal immigration law; or 36 (b) The federal immigration agency’s official form is 37 incomplete and fails to indicate on its face that the federal 38 immigration official has probable cause to believe that the 39 person to be detained is a removable alien under federal 40 immigration law, but is supported by an affidavit, order, or 41 other official documentation that indicates that the federal 42 immigration agency has probable cause to believe that the person 43 to be detained is a removable alien under federal immigration 44 law. 45 (3) “Inmate” means a person in the custody of a law 46 enforcement agency. 47 (4) “Law enforcement agency” means an agency in this state 48 charged with enforcement of state, county, municipal, or federal 49 laws or with managing custody of detained persons in the state 50 and includes municipal police departments, sheriff’s offices, 51 state police departments, state university and college police 52 departments, and the Department of Corrections. The term 53 includes an official or employee of such an agency. 54 (5) “Local governmental entity” means any county, 55 municipality, or other political subdivision of this state. The 56 term includes a person holding public office or having official 57 duties as a representative, agent, or employee of the entity. 58 (6) “Sanctuary policy” means a law, policy, practice, 59 procedure, or custom adopted or permitted by a state entity, 60 local governmental entity, or law enforcement agency which 61 contravenes 8 U.S.C. s. 1373(a) or (b) or which knowingly 62 prohibits or impedes a law enforcement agency from communicating 63 or cooperating with a federal immigration agency with respect to 64 federal immigration enforcement, including, but not limited to, 65 limiting a state entity, local governmental entity, or law 66 enforcement agency in, or prohibiting such an entity or agency 67 from: 68 (a) Complying with an immigration detainer; 69 (b) Complying with a request from a federal immigration 70 agency to notify the agency before the release of an inmate or 71 detainee in the custody of the state entity, local governmental 72 entity, or law enforcement agency; 73 (c) Providing a federal immigration agency access to an 74 inmate for interview; 75 (d) Initiating an immigration status investigation; or 76 (e) Providing a federal immigration agency with an inmate’s 77 incarceration status or release date. 78 (7) “State entity” means the state or any office, board, 79 bureau, commission, department, branch, division, or institution 80 thereof, including institutions within the State University 81 System and the Florida College System. The term includes a 82 person holding public office or having official duties as a 83 representative, agent, or employee of the entity. 84 908.201 Sanctuary policies prohibited.—A state entity, law 85 enforcement agency, or local governmental entity may not adopt 86 or have in effect a sanctuary policy. 87 908.202 Cooperation with federal immigration authorities.— 88 (1) A state entity, local governmental entity, or law 89 enforcement agency shall use best efforts to support the 90 enforcement of federal immigration law. This subsection applies 91 to an official, representative, agent, or employee of the entity 92 or agency only when he or she is acting within the scope of his 93 or her official duties or within the scope of his or her 94 employment. 95 (2) Except as otherwise expressly prohibited by federal 96 law, a state entity, local governmental entity, or law 97 enforcement agency may not prohibit or in any way restrict 98 another state entity, local governmental entity, or law 99 enforcement agency from taking any of the following actions with 100 respect to information regarding a person’s immigration status: 101 (a) Sending the information to or requesting, receiving, or 102 reviewing the information from a federal immigration agency for 103 purposes of this chapter. 104 (b) Recording and maintaining the information for purposes 105 of this chapter. 106 (c) Exchanging the information with a federal immigration 107 agency or another state entity, local governmental entity, or 108 law enforcement agency for purposes of this chapter. 109 (d) Using the information to determine eligibility for a 110 public benefit, service, or license pursuant to federal or state 111 law or an ordinance or regulation of a local governmental 112 entity. 113 (e) Using the information to verify a claim of residence or 114 domicile if a determination of residence or domicile is required 115 under federal or state law, an ordinance or regulation of a 116 local governmental entity, or a judicial order issued pursuant 117 to a civil or criminal proceeding in this state. 118 (f) Using the information to comply with an immigration 119 detainer. 120 (g) Using the information to confirm the identity of a 121 person who is detained by a law enforcement agency. 122 (3)(a) For purposes of this subsection the term “applicable 123 criminal case” means a criminal case in which: 124 1. The judgment requires the defendant to be confined in a 125 secure correctional facility; and 126 2. The judge: 127 a. Indicates in the record under s. 908.204 that the 128 defendant is subject to an immigration detainer; or 129 b. Otherwise indicates in the record that the defendant is 130 subject to a transfer into federal custody. 131 (b) In an applicable criminal case, at the time of 132 pronouncement of a sentence of confinement, the judge shall 133 issue an order requiring the secure correctional facility in 134 which the defendant is to be confined to reduce the defendant’s 135 sentence by a period of not more than 7 days on the facility’s 136 determination that the reduction in sentence will facilitate the 137 seamless transfer of the defendant into federal custody. For 138 purposes of this paragraph, the term “secure correctional 139 facility” means a state correctional institution as defined in 140 s. 944.02 or a county detention facility or a municipal 141 detention facility as defined in s. 951.23. 142 (c) If the information specified in sub-subparagraph 143 (a)2.a. or sub-subparagraph (a)2.b. is not available at the time 144 the sentence is pronounced in the case, the judge shall issue 145 the order described by paragraph (b) as soon as the information 146 becomes available. 147 (4) When a law enforcement agency receives verification 148 from a federal immigration agency that an alien in the law 149 enforcement agency’s custody is unlawfully present in the United 150 States, the agency may securely transport the alien to a federal 151 facility in this state or to another point of transfer to 152 federal custody outside the jurisdiction of the law enforcement 153 agency. However, the law enforcement agency may transport an 154 alien who is confined in a secure correctional facility only 155 upon authorization by a court order unless the transportation 156 will occur within the 7 day period under subsection (3). A law 157 enforcement agency shall obtain judicial authorization before 158 securely transporting an alien to a point of transfer outside of 159 this state. 160 (5) This section does not require a state entity, local 161 governmental entity, or law enforcement agency to provide a 162 federal immigration agency with information related to a victim 163 of or a witness to a criminal offense if the victim or witness 164 timely and in good faith responds to the entity’s or agency’s 165 request for information and cooperation in the investigation or 166 prosecution of the offense. 167 (6) A state entity, local governmental entity, or law 168 enforcement agency that, pursuant to subsection (5), withholds 169 information regarding the immigration information of a victim of 170 or witness to a criminal offense shall document the victim’s or 171 witness’s cooperation in the entity’s or agency’s investigative 172 records related to the offense and shall retain the records for 173 at least 10 years for the purpose of audit, verification, or 174 inspection by the Auditor General. 175 908.203 Duties related to certain arrested persons.— 176 (1) If a person is arrested and is unable to provide proof 177 of his or her lawful presence in the United States, not later 178 than 48 hours after the person is arrested, and before the 179 person is released on bond, a law enforcement agency performing 180 the booking process: 181 (a) Shall review any information available from a federal 182 immigration agency. 183 (b) If information obtained under paragraph (a) reveals 184 that the person is not a citizen of the United States and is 185 unlawfully present in the United States according to the terms 186 of the federal Immigration and Nationality Act, 8 U.S.C. ss. 187 1101 et seq., unless good cause is shown in the furtherance of 188 safety and law enforcement practices, must: 189 1. Provide prompt notice of the person’s arrest and charges 190 to a federal immigration agency. 191 2. Provide notice of that fact to the judge authorized to 192 grant or deny the person’s release on bail under chapter 903. 193 3. Record the person’s arrest and charges in the person’s 194 case file. 195 (2) A law enforcement agency is not required to perform the 196 duty imposed by subsection (1) with respect to a person who is 197 transferred to the custody of the agency by another law 198 enforcement agency if the transferring agency performed that 199 duty before the transfer. 200 (3) A judge who receives notice of a person’s immigration 201 status under this section shall cause the status to be recorded 202 in the court record. 203 908.204 Duties related to immigration detainers.— 204 (1) A law enforcement agency that has custody of a person 205 subject to an immigration detainer issued by a federal 206 immigration agency shall: 207 (a) Provide to the judge authorized to grant or deny the 208 person’s release on bail under chapter 903 notice that the 209 person is subject to an immigration detainer. 210 (b) Record in the person’s case file that the person is 211 subject to an immigration detainer. 212 (c) Upon determining that the immigration detainer is in 213 accordance with s. 908.102(2), comply with the requests made in 214 the immigration detainer. 215 (2) A law enforcement agency is not required to perform a 216 duty imposed by paragraph (1)(a) or paragraph (1)(b) with 217 respect to a person who is transferred to the custody of the 218 agency by another law enforcement agency if the transferring 219 agency performed that duty before the transfer. 220 (3) A judge who receives notice that a person is subject to 221 an immigration detainer shall cause the fact to be recorded in 222 the court record, regardless of whether the notice is received 223 before or after a judgment in the case. 224 908.205 Reimbursement of costs.— 225 (1) A board of county commissioners may adopt an ordinance 226 requiring a person detained pursuant to an immigration detainer 227 to reimburse the county for any expenses incurred in detaining 228 the person pursuant to the immigration detainer. A person 229 detained pursuant to an immigration detainer is not liable under 230 this section if a federal immigration agency determines that the 231 immigration detainer was improperly issued. 232 (2) A local governmental entity or law enforcement agency 233 shall enter into an agreement for payment for detaining aliens 234 and complying with federal requests when the costs are incurred 235 in support of the enforcement of federal immigration law. 236 Compliant agreements include any basic ordering agreements 237 between the U.S. Immigration and Customs Enforcement and state 238 and local law enforcement agencies in effect on July 1, 2019, or 239 similar agreements and other agreements authorized by federal 240 law. 241 908.302 Enforcement.— 242 (1) Upon adjudication by the court or as provided in a 243 consent decree declaring that a state entity, local governmental 244 entity, or law enforcement agency has violated this chapter, the 245 court shall enjoin the unlawful sanctuary policy and may award 246 reasonable costs and attorney fees to the plaintiff.The court 247 has continuing jurisdiction over the parties and subject matter 248 and may enforce its orders with the initiation of contempt 249 proceedings as provided by law. 250 (2) An order approving a consent decree or granting an 251 injunction must include written findings of fact that describe 252 with specificity the existence and nature of the sanctuary 253 policy that is in violation of s. 908.201. 254 908.401 Education records.—This chapter does not apply to 255 the release of information contained in education records of an 256 educational agency or institution, except in conformity with the 257 Family Educational Rights and Privacy Act of 1974, 20 U.S.C. s. 258 1232g. 259 908.402 Discrimination prohibited.—A state entity, a local 260 governmental entity, or a law enforcement agency, or a person 261 employed by or otherwise under the direction or control of the 262 entity or agency, may not base its actions under this chapter on 263 the gender, race, religion, national origin, or physical 264 disability of a person except to the extent authorized by the 265 United States Constitution or the State Constitution. 266 Section 3. A sanctuary policy, as defined in s. 908.102, 267 Florida Statutes, as created by this act, that is in effect on 268 the effective date of this act violates the public policy of 269 this state and must be repealed within 90 days after that date. 270 Section 4. Section 908.302, Florida Statutes, as created by 271 this act, shall take effect October 1, 2019, and, except as 272 otherwise expressly provided in this act, this act shall take 273 effect July 1, 2019. 274 275 ================= T I T L E A M E N D M E N T ================ 276 And the title is amended as follows: 277 Delete everything before the enacting clause 278 and insert: 279 A bill to be entitled 280 An act relating to federal immigration enforcement; 281 providing a short title; creating chapter 908, F.S., 282 relating to federal immigration enforcement; providing 283 legislative findings and intent; providing 284 definitions; prohibiting sanctuary policies; requiring 285 state entities, local governmental entities, and law 286 enforcement agencies to use best efforts to support 287 the enforcement of federal immigration law; 288 prohibiting restrictions by the entities and agencies 289 on taking certain actions with respect to information 290 regarding a person’s immigration status; providing 291 requirements concerning certain criminal defendants 292 subject to immigration detainers or otherwise subject 293 to transfer to federal custody; authorizing a law 294 enforcement agency to transport an alien unlawfully 295 present in the United States under certain 296 circumstances; providing an exception to reporting 297 requirements for crime victims or witnesses; requiring 298 recordkeeping relating to crime victim and witness 299 cooperation in certain investigations; specifying 300 duties concerning certain arrested persons; specifying 301 duties concerning immigration detainers; requiring 302 local government entities and law enforcement agencies 303 to enter agreements for payments for complying with 304 immigration detainers; providing for injunctive relief 305 and awards of costs and attorney fees to prevailing 306 plaintiffs; providing for applicability to certain 307 education records; prohibiting discrimination on 308 specified grounds; providing for implementation; 309 requiring repeal of existing sanctuary policies within 310 a specified period; providing effective dates. 311